Request for guidance
P Venu Gopal
(Querist) 16 February 2013
This query is : Resolved
Respected Experts,
(Dear Sirs, the land administration sanctioned the patta / title.
It was challenged by the local MRO in high court for sanction of patta / title and the court approved the land administration's grant of patta.
But we have not challenged in the high court for grant of patta / title in the name of my father's brother)
With due respect, I would like to request your kind advise regarding our property issue :
My grand father Mr. Gopaiah had two sons (second is my father) and applied for grant of patta / title to a forest land in the name of Mr. Gopaiah & Sons and later he expired.
As per the family pact, my father entitled for 75% share. Honestly, it is not written pact but oral and true.
Later, the proceedings were attended by my father’s brother. The land administration issued title / patta in the name of my father’s brother instead in the name of my grand father. High court also conferred the grant of patta but not yet registered.
When we question my father’s brother how the title issued in his name, he said that as the proceedings were attended by him, the land administration issued in his favour.
As said above, my father is entitled for 75% of land as per the family pact (not in written but oral).
Now, my father’s brother deceiving and not writing our share.
The issue has been in mediators since 1989. During 1997, due to pressure from mediators, he divided 75% land for us but not writing the documents. Our share is cultivating by our close relative and now it is in our possession. We have one power connection in the name of my father and another in the name of my mother.
Now my father’s brother is aged about 82 years and is nearer to death and he is saying that his son is not permitting him to write the documents.
What are the rights available for us? Please guide us how to protect our rights.
I strongly believe that he managed something by producing forgery signatures.
I want to know few things from you.
1. Is it possible to issue title in the name of my father’s brother without my father’s consent
2. If my father’s brother submitted a NOC in the name of my father agreeing to issue the title in the name of my father’s brother with forgery signatures, can we fight in the court of law asking without our signature, no registration should done.
3. Shall we ask the court to permit a written mutual agreement in a stipulated time and to bar the entry into the land to both till mutual agreement is reached, if fail to reach written mutual agreement within the given stipulated time. Why because, if we bar the entry into the land, they will turn up immediately and there is absolutely no doubt.
Please guide me.
Thanking you
Yours faithfully
VP
prabhakar singh
(Expert) 16 February 2013
You state application for patta was by your grand father ,father and uncle.
your grand father died,but case proceeded.The case was being looked after by your uncle and patta was made alone in your uncles name confirmed in litigation up to High Court.
So even if your uncle doing parvi alone fabricated any fake consent document in name of your father to the effect that patta be made alone in your uncles' name,
why this matter was not checked then and there and why it was not made issue in court then and there.It would now be hard ,say impossible to make a case to bring it within limitation even if the your father's forged signed fabricated document is found in case file and has not been weeded out.
The oral agreement stated by you does not give you any right to sue and is not enforceable.
If you fail to settle it amicably ;
sorry !in court you shall surely fail at very initial stage of litigation.
P Venu Gopal
(Querist) 18 February 2013
Dear Sirs, the land administration sanctioned the patta / title.
It was challenged by the local MRO in high court for sanction of patta / title and the court approved the land administration's grant of patta.
Even though the high court approved sanction of patta / title, the MRO and Forest Department did not issued the land allotment / sanction papers. So, the case again going in Lokayukta court.
But we have not challenged in the high court for grant of patta / title in the name of my father's brother.
Is it not worthy to proceed now any way. Please guide and help.
